Independent Parliamentary Expenses Authority

[2024] FWCA 923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Parliamentary Expenses Authority

(AG2024/535)

INDEPENDENT PARLIAMENTARY EXPENSES AUTHORITY ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 14 MARCH 2024

Application for approval of the Independent Parliamentary Expenses Authority Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Independent Parliamentary Expenses Authority Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Parliamentary Expenses Authority. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that it was embedded in the body of an email. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

CPSU, the Community and Public Sector Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Parliamentary Expenses Authority (IPEA) sought approval for the Independent Parliamentary Expenses Authority Enterprise Agreement 2024-2027. The application was made to the Fair Work Commission (FWC), which exercises federal jurisdiction over such matters. The union, the Australian Services Union (ASU), had reached an agreement with the IPEA, but the FWC had to ensure that the agreement met the requirements of the Fair Work Act 2009. The primary issue before the FWC was whether the agreement fulfilled the criteria for an enterprise agreement as outlined in the Act, particularly focusing on the requirement for the agreement to be in writing and to be approved by the Commission. The FWC examined the details of the agreement, including its provisions on wages, conditions, and other terms of employment. The Commission assessed whether the agreement met the necessary standards and whether it was fair and reasonable, taking into account the principles of the Fair Work Act.

The FWC found that the agreement contained all the required elements of an enterprise agreement and was in writing. It noted that the agreement was negotiated in good faith and included terms that were fair and reasonable. The Commission was satisfied that the agreement met the criteria for approval and that it was in the best interests of the employees and the employer. The FWC considered the overall fairness and the balance of the agreement, ensuring that it did not undermine the terms and conditions that could be covered by a registered agreement. The FWC concluded that the agreement provided adequate protections for the employees and was consistent with the broader principles of the Fair Work Act. The Commission approved the agreement, acknowledging the efforts of both parties in reaching a fair and reasonable outcome.

The Fair Work Commission approved the Independent Parliamentary Expenses Authority Enterprise Agreement 2024-2027, determining that it met the statutory requirements and was fair and reasonable. This decision was made after careful consideration of the agreement's provisions and the principles of the Fair Work Act. The Commission's approval ensures that the agreement will be legally binding for the specified period, providing clarity and certainty for both the IPEA and the employees covered by the agreement. This outcome reflects the FWC's role in facilitating fair and balanced agreements that meet the needs of both employers and employees within the framework of federal workplace relations legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established